My Word: Health care beyond politics

July 6, 2012|By Julia Maskivker

The recent passage of The Patient Protection and Affordable Care Act, derisively known as "Obamacare," represents a triumph for the American people, not only the Democratic Party. The upholding of this law by the Supreme Court is a historical development of great proportion, which eluded many past presidents including Eisenhower, Kennedy, Johnson, Nixon, Carter and Clinton. Leaving aside the partisan politics, we should realize that the nation's interest is at stake when dealing with health care-related legislation.

Firstly, health care is a human right, recognized as such by fundamental international treaties such as the Universal Declaration of Human Rights, and the associated International Covenant on Economic, Social and Cultural Rights. In 1943,Franklin D. Rooseveltincluded the right to health as part and parcel of his "Second Bill of Rights," a document that would help secure American leadership in the world. Yet, the U.S. is still the only advanced industrialized democracy not to honor the human right to health.

Secondly, health care is also healthy for the economy. The intuition is simple. A healthy worker leads to a stronger economy.

Finally, there is the individual mandate. Is it consistent with our most revered freedoms? The Supreme Court held that the fine associated with a failure to buy health insurance should be seen as a tax. The Constitution explicitly grants the federal government power to tax; with a view to enhancing the general welfare of the nation. The Court's reasoning shouldn't strike one as far-fetched: The government already penalizes those who choose to smoke, by taxing tobacco, for example. These are not excessive or unjustified measures. They're not so different in nature from the individual mandate.

The tax logic is not the justification that the Obama administration sought to garner support for the health-care act. Rather, the administration relied on the constitutionally permitted power of the federal government to regulate commerce.

If health care is bought and sold in the marketplace — they thought — then, it is amenable to some sort of regulation, like other commercial activity. The court didn't see it that way, but still upheld the law. This was a pristine example of the greatness and versatility of American democracy — which now, more than ever, appears to be working a little bit better for all.

Julia Maskivker is an assistant professor of political science at Rollins College.